Restriction on hate speech can backfire -> exciting sympathy How to distinguish? Possible consequence test Incitement:a) by certain peopleauthority b) in certain circumstancesreasonable chance of success Why not protect incitement to genocide under freedom of speech? The objective of freedom of speech /incitement Marketplace of ideas theory fails Harm of genocide outweighs any benefits of allowing incitementmore to lose by not restricting Identifying incitement as crime (p.498) 1) Was speech understood as call to genocide? Did it use language, explicit or coded, to justify and promote violence? 2) Did the speaker have authority over audience and did audience have capacity to commit genocide? 3) Have victims already suffered an outbreak of violence recently? 4) Were contrasting views still available at the time of the speech? Was it safe to express them? 5) Did the speaker describe the victims as subhuman or accuse them of plotting genocide? 6) Had the audience received similar messages before the speech? Methods of Incitement 1) Dehumanization 2) Mirroring 3) Coded language 4) Justifying atrocities 5) Conflating sympathizers Rwanda - RTLM Cockroaches, snakes, dirt, trees Dehumanization Coded language / Euphemisms "Go to work" "Cut down the trees" Rwanda - RTLM Justifying & Mirroring Tutsis portrayed murderers & cannibals

Perpetrator feels victimized acts out of self defence Rwanda - RTLM Conflating Sympatizers Traitormarried Tutsi womanbefriends a Tutsihires Tutsi as maid or concubinehides Tutsi Moderate Hutus and Belgians all categorized as the enemy Quotes from RTLM “You have to work harder, the graves are not full,” "These people are a dirty race" "[Singing] Cockroaches have been exterminated! Let us rejoice! God is never wrong" Appealing to divinity Kill or be killed rhetoric Did the RTLM have authority? Popular radio station, especially amongst youth Masses poorly educated illiteracy levels high heavy reliance on oral tradition Radio main source of information Alternative pro-Tutsi Radio Muhabura still broadcasted however not popular

RTLM had authority! RTLM backed supported by government Did RTLM incitement have a reasonable chance of success? Historical animosity Rwandan culture heavily reliant on radio Incitement did in fact succeed RTLM case satisfies all the techniques typically used in Incitement to Genocide cases RTLM played a big role in incitement to genocide in the Rwanda conflict of 1994 Thought experiment Example of speech being made in Time Square, NY during 1994 genocide p.494 Suppose same person made the same speech on the same year from Canada and uploaded it Youtube, would it be incitement to genocide? "incitement to genocide must be defined as speech that has a reasonable possibility of leading to genocide, when and where it was made" p.494 Suppose the same scenario as above, except this time the Rwandan government blocked Youtube's ip address Theory Case Conclusion Background Tribes 1994: 800 000 Tutsis were killed during 100 days Colonizers: Tutsis superior 1962 Hutu overthrew gov. Tutsi accused of monopoly of power Open discrimination vs Tutsi RPF formed & attacked Rwanda 1990-93 Background Media played a very big role in the genocide Debate:Incitement to genocide vs hate speech vs freedom of speech Propaganda "war" between pro-government RTLM Radio vs pro-Tutsi Radio Muhabura